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January 31, 2012

Evading Arrest with Risk of Death or Serious Bodily Injury Requires Bystanders or other Vehicles

Under Tennessee Law, it is a Class D Felony punishable by imprisonment of 2-12 years for evading arrest when such actions create a risk of death or injury to innocent bystanders or third parties. A recent Tennessee case, State v. Winters, requires the prosecution to prove this risk. In such case, the Defendant fled from Police, ran through a stop sign, yet there were no other vehicles near the intersection and no bystanders along the route. The Tennessee Court of Criminal Appeals thereby reversed the conviction for Evading Arrest with risk of death or serious bodily to innocent bystanders or third parties.